SH KRESS & COMPANY v. NLRB
Decision Date | 23 April 1963 |
Docket Number | No. 18339.,18339. |
Citation | 317 F.2d 225 |
Parties | S. H. KRESS & COMPANY, Appellant, v. NATIONAL LABOR RELATIONS BOARD, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
George O. Bahrs and Robert J. Scolnik, San Francisco, Cal., for appellant.
Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, James C. Paras and Stephen B. Goldberg, Attys., N. L. R. B., Washington, D. C., for appellee.
Before CHAMBERS, ORR and MERRILL, Circuit Judges.
This case is before the Court on the petition of S. H. Kress & Co., to review and set aside an order of the National Labor Relations Board, issued July 11, 1962. The Board, in these proceedings, determined that Kress had "interfered with and restrained its employees in the exercise of rights guaranteed them by section 7 of the National Labor Relations Act,1 and has thereby engaged in and is engaging in unfair labor practices within the meaning of section 8(a) (1) of the Act." The Board ordered Kress to cease and desist from such interference and restraint and to post notices that it would refrain from the conduct found to have constituted the interference and restraint.
Before the Board the facts were established by stipulation. There is no question of demeanor evidence. The question raised upon this petition is whether the stipulated facts may be said to establish interference and restraint by Kress of section 7 rights of its employees. In our judgment, they may not.
Kress is engaged in a nationwide merchandising business and maintains a retail store in Stockton, California. On August 2, 1961, Local 439 of the National Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America filed a petition with the Board seeking a Board-conducted election in a sixty-employee unit of the Stockton store. In accordance with established Board procedures, the Union submitted with its petition a "showing of interest" in the form of cards signed by Kress employees, authorizing Union representation. By Board practice, such showing of interest should demonstrate that 30 per cent of the employees in the affected unit favored Union representation. A representation hearing was scheduled by the Board for September 27, 1961.
Thereafter, approximately thirteen employees voluntarily advised Kress' management that they did not believe that 30 per cent of the employees had signed Union cards. On the basis of this information Kress management proceeded to interview employees respecting their having signed Union cards. With respect to these interviews the stipulation of facts states:
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